Interim Eligible Class of NRC-Licensed Facilities; Docket Nos. (as Shown in Attachment 1), License Nos. (as Shown in Attachment 1), EA-13-092; Order Designating an Interim Class of NRC-Licensed Facilities That Are Eligible To Apply to the Commission for Authorization To Use the Authority Granted Under the Provisions of Section 161a of the Atomic Energy Act of 1954, as Amended, 35984-35989 [2013-14075]
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
submitted to the Division of
Research Programs.
24. Date: July 31, 2013.
Time: 8:30 a.m. to 5:00 p.m.
Room: 415.
This meeting will discuss
applications for the Fellowships for
University Teachers grant program
on the subject of American
Literature, submitted to the
Division of Research Programs.
25. Date: July 31, 2013.
Time: 8:30 a.m. to 5:00 p.m.
Room: 315.
This meeting will discuss
applications for the Fellowships for
University Teachers grant program
and Anthropology and New World
Archaeology, submitted to the
Division of Research Programs.
Because these meetings will include
review of personal and/or proprietary
financial and commercial information
given in confidence to the agency by
grant applicants, the meetings will be
closed to the public pursuant to sections
552b(c)(4) and 552b(c)(6) of Title 5
U.S.C., as amended. I have made this
determination pursuant to the authority
granted me by the Chairman’s
Delegation of Authority to Close
Advisory Committee Meetings dated
July 19, 1993.
Dated: June 10, 2013.
Lisette Voyatzis,
Committee Management Officer.
Science and Technology Center
(CMOP).
Agenda
Tuesday, June 18, 2013
9:00 a.m.–12:00 p.m. Presentations by
CMOP investigators (open)
1:00 p.m.–4:00 p.m. Continued CMOP
presentations, questions & answers
(open)
4:00 p.m.–4:30 p.m. Site Visit team
discusses list of overnight questions
to CMOP (closed)
Wednesday, June 19
9:00 a.m.–10:00 a.m. CMOP presents
answers to overnight questions
(open)
10:00 a.m.–3:00 p.m. Site Visit team
discussion, work on report (closed)
3:00 p.m.–4:30 p.m. Site Visit team
may present report (closed)
Reason For Late Notice: Due to
unexpected scheduling complications
and the necessity to proceed with the
review.
Reason For Closing: During closed
sessions the review will include
information of confidential nature,
including technical information;
financial data, such as salaries; and
personal information concerning
individuals associated with the
proposals. These matters are exempt
under 5 U.S.C. 552b(c), (4) and (6) of the
Government in The Sunshine Act.
Dated: June 10, 2013.
Susanne Bolton,
Committee Management Officer.
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Proposal Review Panel for Ocean
Sciences; Notice of Meeting
In accordance with the Federal
Advisory Committee Act Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting.
Name: Proposal Review Panel for
Ocean Sciences (#10752).
Date & Time: June 18–19, 2013, 8:30
a.m.–5:00 p.m.
Place: National Science Foundation;
4201 Wilson Blvd., Arlington, VA
22230, Stafford I, Room 730.
Type of Meeting: Partially Closed.
Contact Person: Baris M. Uz, Program
Director, Physical Oceanography,
Division of Ocean Sciences; National
Science Foundation, 4201 Wilson Blvd.,
Arlington, VA 22230. Telephone: (703)
292–8582.
Purpose of Meeting: To provide
advice and recommendations
concerning progress of the Coastal
Margin Observatory and Prediction
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NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0127]
Interim Eligible Class of NRC-Licensed
Facilities; Docket Nos. (as Shown in
Attachment 1), License Nos. (as Shown
in Attachment 1), EA–13–092; Order
Designating an Interim Class of NRCLicensed Facilities That Are Eligible To
Apply to the Commission for
Authorization To Use the Authority
Granted Under the Provisions of
Section 161a of the Atomic Energy Act
of 1954, as Amended
I
In accordance with the Atomic Energy
Act (AEA) of 1954, as amended, the
licensees identified in Attachment 1 to
this Order hold licenses issued by the
U.S. Nuclear Regulatory Commission
(NRC) authorizing the operation of
nuclear power reactor facilities licensed
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
under Part 50 of Title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ a Category I
special nuclear material (CAT–I SNM)
facility licensed under 10 CFR Part 70,
‘‘Domestic Licensing of Special Nuclear
Material,’’ and an Independent Spent
Fuel Storage Installation (ISFSI)
licensed under 10 CFR Part 72,
‘‘Licensing Requirements for the
Independent Storage of Spent Nuclear
Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C
Waste,’’ whose physical security
program is conducted as a support
activity of the co-located power reactor
facility respectively.
Specific physical protection program
requirements for nuclear power reactors
are contained in 10 CFR 73.55,
‘‘Requirements for Physical Protection
of Licensed Activities in Nuclear Power
Reactors Against Radiological
Sabotage.’’ Specific physical protection
program requirements for CAT–I SNM
facilities are contained in 10 CFR 73.45,
‘‘Performance Capabilities for Fixed Site
Physical Protection Systems,’’ and 10
CFR 73.46, ‘‘Fixed Site Physical
Protection Systems, Subsystems,
Components, and Procedures.’’ Specific
physical protection program
requirements for ISFSIs are contained in
10 CFR 73.51, ‘‘Requirements for the
Physical Protection of Stored Spent
Nuclear Fuel and High-Level
Radioactive Waste,’’ and 10 CFR 73.55.
Section 161A, ‘‘Use of Firearms by
Security Personnel,’’ of the AEA (42
United States Code (U.S.C.) 2201a)
confers upon the Commission the
authority to permit the security
personnel at designated NRC-licensed
facilities to possess and use firearms,
ammunition, and other devices, such as
large-capacity ammunition feeding
devices, notwithstanding local, State,
and certain Federal firearms laws that
may prohibit such possession and use.
The provisions of Section 161A took
effect on September 11, 2009, with
publication in the Federal Register (FR)
of the guidelines approved by the NRC
and the U.S. Attorney General entitled,
‘‘Guidelines on the Use of Firearms by
Security Personnel in Protecting U.S.
NRC Regulated Facilities, Radioactive
Material, and Other Property’’ (74 FR
46800; September 11, 2009) (referred to
as ‘‘Firearms Guidelines’’).
The NRC is issuing EA–13–092 to
implement the authority granted to the
Commission under Section 161A before
the completion and issuance of a final
rule implementing this authority. The
Commission is taking this interim action
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in response to several requests from
NRC licensees for Commission
authorization to use Section 161A
preemption authority.
Specifically, this Order accomplishes
the following:
1. Designates an interim class of NRClicensed facilities, as listed in
Attachment 1, that are eligible to apply
to the Commission for authorization to
use
Section 161A preemption authority;
2. Provides a process for submitting
an application to the Commission for
authorization to use Section 161A
preemption authority, in accordance
with Attachment 2; and,
3. Requires that the licensees listed in
Attachment 1 of this Order subject all
personnel who require access to
firearms in the performance of their
official duties to a firearms background
check in accordance with Section
161A.c as described in Attachment 3.
Nothing in this Order relieves a
licensee from compliance with
applicable U.S. Department of Alcohol,
Tobacco, Firearms, and Explosives
requirements, or any other Federal,
State, and local firearms laws and
regulations. This Order does not provide
or grant any authority or permission to
transfer, receive, possess, transport,
import, or use ‘‘enhanced weapons’’ as
this term is defined in Section 8 of the
Firearms Guidelines. The Commission’s
authority under Section 161A does not
include any permission to transfer,
receive, possess, transport, import, or
use destructive devices as defined under
27 U.S.C. Chapter 53, ‘‘The National
Firearms Act,’’ including explosive
devices such as grenades or weapons
with a bore diameter greater than 12.7
mm (0.5 inches or 50 caliber).
As authorized under Section 161A,
and as described in Section 2 of the
Firearms Guidelines, the Commission is
issuing this Order to designate the
licensees listed in Attachment 1 as an
interim class of NRC-licensed facilities
that may voluntarily apply to the
Commission for authorization to use
Section 161A preemption authority in
advance of the Commission’s issuance
of a final rule on this subject.
A licensee’s application for
permission to use Section 161A
preemption authority is voluntary and,
therefore, the designated facilities listed
in Attachment 1 are not required to
submit an application in response to
this Order. However, the designated
facilities are required to conduct
firearms background checks in
accordance with Attachment 3 to this
Order. If a licensee at a designated
facility chooses to take advantage of the
provisions of Section 161A, an
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application must be submitted to the
NRC, in accordance with Attachment 2.
In addition, applications and other
documents produced in response to this
Order that contain classified
information, as defined in 10 CFR part
95, ‘‘Facility Security Clearance and
Safeguarding of National Security
Information and Restricted Data,’’ or
Safeguards Information as defined by 10
CFR 73.22, ‘‘Protection of Safeguards
Information: Specific Requirements,’’
shall be properly marked and handled,
in accordance with applicable
requirements in 10 CFR part 95, 10 CFR
73.21, ‘‘Protection of Safeguards
Information: Performance
Requirements,’’ and 10 CFR 73.22.
III
As discussed above, the Commission
has designated the facilities listed in
Attachment 1 as an interim class of
NRC-licensed facilities that are eligible
to apply to the NRC for Commission
authorization to use Section 161A
preemption authority. Licensees
choosing to apply to the Commission for
Section 161A preemption authority
must meet the following conditions:
1. The NRC-licensed facility must be
in the class of facilities designated by
the Commission in Attachment 1 as
eligible to apply for preemption
authority.
2. The licensee must employ covered
weapons (as defined in the Firearms
Guidelines) as part of their protective
strategy.
3. Possession, use, or access to
covered weapons must be necessary in
the discharge of official duties by
personnel at a facility in the class of
facilities designated by the Commission
in Attachment 1 as eligible to apply for
preemption authority.
Licensees of the facilities listed in
Attachment 1 that choose to apply for
permission to use Section 161A
preemption authority must use the
application process outlined in
Attachment 2 and must submit the
application in accordance with the
provisions of 10 CFR 50.90,
‘‘Application for Amendment of
License, Construction Permit, or Early
Site Permit,’’ or 10 CFR 70.34,
‘‘Amendment of Licenses,’’ and 10 CFR
72.56, ‘‘Application for Amendment of
License,’’ as appropriate. Applications
will be subject to a minimum of 60 days
for routine processing. Submittal of an
application to the NRC is voluntary and,
therefore, recipients of this Order are
not required to apply.
Applications must include, at a
minimum, all the information specified
in Attachment 2. All applications will
be reviewed on a case-by-case basis. If
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35985
an application is approved by the
Commission, authorization to use
Section 161A preemption authority will
be granted by the Commission through
a confirmatory order that will permit the
security personnel at the affected
facility to possess and use firearms and
large-capacity ammunition feeding
devices that were not previously
permitted to be owned or possessed
under Commission authority,
notwithstanding local, State, and certain
Federal firearms laws (and
implementing regulations) that would
otherwise prohibit such possession and
use.
Licensees of the facilities listed in
Attachment 1 are required to conduct
firearms background checks of all
personnel who require access to any
firearm listed in Section 161A.b in the
performance of their official duties, as
provided in Attachment 3 to this Order,
whether the licensee applies for
preemption authority or not. Such
personnel shall be subject to a firearms
background check by the U.S. Attorney
General consisting of a fingerprint-based
background check against applicable
Federal Bureau of Investigation (FBI)
databases and a name-based background
check against the FBI’s National Instant
Criminal Background Check System.
Accordingly, all licensees at the
designated facilities listed in
Attachment 1 shall submit a completed
hard-copy FBI Form FD–258,
‘‘Fingerprint Card,’’ to the NRC as
specified in Attachment 3, for all
security personnel who will receive,
possess, transport, import, or use any
firearm, weapon, ammunition, or a
device listed in Section 161A.b. Each
licensee must also remit to the NRC a
$70 administrative processing fee for
each FBI Form FD–258 submitted to the
NRC for the conduct of the required
firearms background checks. Payment
shall be made to the NRC using the
processes described in Attachment 3.
IV
Accordingly, under Sections 53, 103
or 104b (depending on the license),
Sections 161b, 161i, 161o, 161A, and
182 of the AEA of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202, 10 CFR Part 50, 10 CFR Part
70, and 10 CFR Part 72, it is hereby
ordered that all recipients of this Order
as listed in Attachment 1 shall:
1. Subject all individuals who are
assigned duties that require the
possession, use, or access to firearms
and devices listed in Section 161A.b to
a firearms background check in
accordance with Section 161A.c
‘‘Background Checks,’’ and the process
specified in Attachment 3.
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2. Begin submitting requests for
firearms background checks within 30
days of the effective date of this Order,
and complete all firearms background
checks within 180 days of the effective
date of this Order.
3. Notify the NRC after a sufficient
number of personnel have successfully
completed the requisite firearms
background check such that the
licensee’s security organization can be
staffed as specified in each licensee’s
NRC-approved security plans, and the
licensee’s site protective strategy and
procedures can be effectively
implemented, while meeting applicable
fatigue requirements in 10 CFR Part 26,
‘‘Fitness for Duty Programs.’’ This
notification shall be submitted by the
licensee or duly authorized officer
thereof in writing and under oath and
affirmation.
4. Notify the NRC as soon as
practicable and in accordance with the
applicable reporting requirements in 10
CFR 73.71, ‘‘Reporting of Safeguards
Events,’’ of any situation in which the
licensee would not be able to
sufficiently staff the security
organization within 180 days of the
effective date of this Order.
5. Remit to the NRC a $70
administrative processing fee for each
firearms background check requested
using the processes outlined in
Attachment 3.
Notifications shall be submitted to the
Director of the NRC licensing office
responsible for licensing actions at the
affected facility and shall be marked and
protected as required for the sensitivity
of the information presented. As
applicable, the Director, Office of
Nuclear Reactor Regulation, the
Director, Office of Nuclear Material
Safety and Safeguards, or the Director,
Office of Federal and State Materials
and Environmental Management
Programs may, in writing, relax or
rescind any of the above conditions
upon demonstration by the Licensee of
good cause.
This Order is effective 20 days after
the date of issuance.
Publicly available documents created
or received at the NRC are available at
the NRC’s Public Document Room
(PDR), located at One White Flint North,
Public File Area, Room 01–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. Publicly available
documents created or received at the
NRC are also accessible electronically
through the Agencywide Documents
Access and Management System
(ADAMS) in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
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17:03 Jun 13, 2013
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accessing the documents located in
ADAMS should contact the NRC’s PDR
reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or by email
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 5th day
of June 2013.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety
and Safeguards.
Mark Satorius,
Director, Office of Federal and State Materials
and Environmental Management Programs.
Daniel H. Dorman,
Acting Director, Office of Nuclear Reactor
Regulation.
Attachment 1: List of Affected Licensees
Babcock & Wilcox Nuclear Operation
Group–Lynchburg, Docket No. 70–
027, License No. SNM–42, Mr. Sandy
Baker, President, Babcock & Wilcox,
Nuclear Operations Group–
Lynchburg, 2016 Mount Athos Road,
Lynchburg, VA 24504.
Calvert Cliffs Nuclear Power Plant,
Units 1 and 2, Docket Nos. 50–317
and 50–318, License Nos. DPR–53 and
DPR–69, Calvert Cliffs Independent
Spent Fuel Storage Installation,
Docket No. 72–8, Specific License No.
SNM–2505, Mr. George H. Gellrich,
Vice President, Calvert Cliffs Nuclear
Power Plant, LLC., Calvert Cliffs
Nuclear Power Plant, 1650 Calvert
Cliffs Parkway, Lusby, MD 20657–
4702.
Diablo Canyon Nuclear Power Plant,
Units 1 and 2, Docket Nos. 50–275
and 50–323, License Nos. DPR–80 and
DPR–82, Diablo Canyon-Independent
Spent Fuel Storage Installation,
Docket No. 72–26, Specific-License
No. SNM–2511, Mr. John T. Conway,
Senior Vice President—Energy
Supply and Chief Nuclear Officer,
Pacific Gas and Electric Company,
Diablo Canyon Power Plant, 77 Beale
Street, Mail Code B32, San Francisco,
CA 94105.
Indian Point Nuclear Generating, Unit 1,
Docket No. 50–003, License No. DPR–
5, Indian Point Nuclear Generating,
Units 2, and 3, Docket Nos. 50–247,
50–286, and 72–51, License Nos.
DPR–26 and DPR–64, Mr. John
Ventosa, Vice President, Operations,
Entergy Nuclear Operations, Inc.,
Indian Point Energy Center, 450
Broadway, GSB, P.O. Box 249,
Buchanan, NY 10511–0249.
James A. FitzPatrick Nuclear Power
Plant, Docket Nos. 50–333 and 72–12,
License No. DPR–59, Mr. Mike
Colomb, Vice President, Operations,
Entergy Nuclear Operations, Inc.,
James A. FitzPatrick Nuclear Power
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Fmt 4703
Sfmt 4703
Plant, P.O. Box 110, Lycoming, NY
13093.
Nine Mile Point Nuclear Station, Units
1 and 2, Docket Nos. 50–220, 50–410,
and 72–1036, License Nos. DPR–63
and NPF–69, Mr. Ken Langdon, Vice
President Nine Mile Point, Nine Mile
Point Nuclear Station, LLC, P.O. Box
63, Lycoming, NY 13093.
R.E. Ginna Nuclear Power Plant, Docket
Nos. 50–244 and 72–67, License No.
DPR–18, Mr. Joseph E. Pacher, Vice
President, R.E. Ginna Nuclear Power
Plant, LLC, R.E. Ginna Nuclear Power
Plant, 1503 Lake Road, Ontario, NY
14519.
San Onofre Nuclear Generating Station,
Units 2 and 3, Docket Nos. 50–361,
50–362, and 72–41, License Nos.
NPF–10 and NPF–15, Mr. Peter T.
Dietrich, Senior Vice President and
Chief Nuclear Officer, Southern
California Edison Company, San
Onofre Nuclear Generating Station,
P.O. Box 128, San Clemente, CA
92674–0128.
Attachment 2: Application Process for
Requesting Commission Authorization
to Use Section 161A Preemption
Authority
Recipients of EA–13–092 are within
the interim class of facilities designated
by the U.S. Nuclear Regulatory
Commission (NRC) as eligible to
voluntarily apply for Commission
authorization to use preemption
authority under Section 161A of the
Atomic Energy Act of 1954, as amended
(42 U.S.C. 2201a). Applications must be
submitted to the NRC for review and
approval under the provisions of Title
10 of the Code of Federal Regulations
(10 CFR) 50.90, ‘‘Application for
Amendment of License, Construction
Permit, or Early Site Permit,’’ or 10 CFR
70.34 ‘‘Amendment of Licenses,’’ and 10
CFR 72.56 ‘‘Application for Amendment
of License’’ as appropriate, and will be
reviewed and approved individually on
a case-by-case basis.
If an application is approved by the
Commission, permission to use Section
161A preemption authority will be
granted under a confirmatory order and
will permit the security personnel of the
licensee granted such permission to
possess and use weapons, devices,
ammunition, or other firearms,
notwithstanding local, State, and certain
Federal firearms laws that may prohibit
such possession and use. Licensees
must receive permission from the NRC
through a confirmatory order before
they are authorized to use Section 161A
preemption authority.
Licensees that choose to apply for
Section 161A preemption authority
must meet the following criteria: (1) The
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licensee must be in the class of facilities
designated by the Commission in
Attachment 1; (2) the licensee must
employ covered weapons (as defined in
the ‘‘Guidelines on the Use of Firearms
by Security Personnel in Protecting U.S.
NRC-Regulated Facilities, Radioactive
Material, and Other Property,’’ (74 FR
46800; September 11, 2009) (‘‘Firearms
Guidelines’’)) as part of its protective
strategy; and (3) access to, or possession
of, covered weapons must be necessary
in the discharge of official duties by
personnel assigned to the individual
facility falling within the class of
facilities designated by the Commission.
A single application should be
submitted to the NRC in the form of a
letter and, at a minimum, must contain
the following:
• Name of the licensee
• facility name
• docket number and license number
(to include Independent Spent Fuel
Storage Installation docket number, if
applicable)
• a statement that the licensee is
applying for ‘‘Commission authorization
to use Section 161A preemption
authority under 42 U.S.C. 2201a’’
• a statement that the facility is
within the interim class of facilities
designated by the Commission as listed
in Attachment 1 of this order
• a statement describing the reason
for requesting Section 161A preemption
authority. This description shall
include: (1) The local, State, or Federal
law (or implementing regulation) for
which Section 161A preemption
authority is being requested, and (2) a
description of the types and calibers of
weapons and ammunition feeding
devices for which Section 161A
preemption authority is necessary. This
description must be sufficiently detailed
for the NRC staff to conclude the
following:
1. The licensee employs firearms or
devices defined as covered weapons in
accordance with the Firearms
Guidelines, and are listed in Section
161A.b;
2. the identified covered weapons are
used as part of the site protective
strategy at a Commission-designated
facility listed in Attachment 1;
3. possession, use, or access to the
identified covered weapons is necessary
in the discharge of official duties by
security personnel who are engaged in
protecting a Commission-designated
facility listed in Attachment 1; and
4. other information provided by the
licensee supports the need for
Commission authorization consistent
with the criteria in the AEA and
Firearms Guidelines.
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Attachment 3: Process for Conducting
Firearms Background Checks
As required by Section 161A.c. of the
Atomic Energy Act (AEA) of 1954, as
amended (42 U.S.C. 2201a), any person
who receives, possesses, transports,
imports, or uses a weapon, ammunition,
or a device under Section 161A.b. shall
be subject to a background check by the
Attorney General, based on fingerprints
and including a background check
under Section 103(b) of the Brady
Handgun Violence Prevention Act (Pub.
L. 103–159; 18 U.S.C. 922 note) to
determine whether the person is
prohibited from possessing or receiving
a firearm under Federal or State law.
All licensees within the designated
class of facilities identified in
Attachment 1 shall implement the
following requirements and must notify
the U.S. Nuclear Regulatory
Commission (NRC) in writing upon the
satisfactory completion of a sufficient
number of firearms background checks
to staff the site security organization and
continue the effective implementation
of its physical protection program,
specifically, its NRC-approved security
plans, site protective strategy, and
implementing procedures while meeting
applicable fatigue requirements in Part
26 of Title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Fitness for Duty
Programs.’’
1. Within 30 days after the effective
date of EA–13–092, the licensee of each
facility listed in Attachment 1 shall
begin submitting for firearms
background checks, a hard copy Federal
Bureau of Investigation (FBI) Form FD–
258, ‘‘Fingerprint Card,’’ for each
member of the security organization
whose official duties require, or will
require, the possession, use, or access to
any firearm.
2. Procedures for processing Form
FD–258 for firearms background checks.
a. Affected licensees shall submit one
completed, legible, standard fingerprint
card (Form FD–258, ORIMDNRCOOOZ)
for each member of the security
organization who will receive, possess,
transport, import, or use any firearm,
weapon, ammunition, or a device.
b. Affected licensees shall submit
each Form FD–258, using an
appropriate method listed in 10 CFR
73.4, to the Director of the NRC’s
Division of Facilities and Security, Mail
Stop: TWB–05B32M, marked for the
attention of the Division’s Criminal
History Program. Copies of these forms
may be obtained by writing the Office of
Information Services, U.S. Nuclear
Regulatory Commission, Attention:
Forms Manager, Washington, DC
20555–0001; by calling 630–829–9565;
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Fmt 4703
Sfmt 4703
35987
or by email to forms@nrc.gov. The
licensee shall establish procedures to
ensure that the quality of the
fingerprints taken results in minimizing
the rejection rate of fingerprint cards
due to illegible or incomplete cards.
c. The firearms background check
requires both a fingerprint-based check
and a name-based check through the FBI
National Instant Criminal Background
Check System (NICS). Because of the
nature of this interim process, a hard
copy FD–258 must be completed and
submitted to the NRC. A hard-copy FD–
258 is necessary because the format of
the electronic information exchange
system does not support the transfer of
all required information for processing
through the FBI NICS database.
d. The following information fields
specified on the FBI Form FD–258 shall
be completely and accurately filled-in
with appropriate identifying
information. Specifically, individuals
must complete the following fields:
I. First name
II. last name
III. place of birth
IV. gender
V. date of birth
VI. height
VII. weight
VIII. race: (choose one of the following
codes)
Æ American Indian or Alaska Native
Æ Asian
Æ Black or African-American
Æ Hispanic or Latino
Æ Native Hawaiian or other Pacific
Islander
Æ White
IX. residence and employer addresses of
person fingerprinted: Complete
mailing addresses of current
residence and duty station are
required. (NICS check includes
query of State records for
disqualifying information in both
State of residence and State of duty
station.)
Æ street number (Post Office box
numbers cannot be accepted)
Æ street name
Æ city
Æ State (required)
Æ ZIP Code
X. citizenship
XI. reason fingerprinted ‘‘Firearms
Background Check (42 U.S.C.
2201a)’’
XII. social security number
XIII. ORI Number: MDNRCNICZ
e. Fees for the processing of firearms
background checks are due upon
application. Licensees shall submit
payment with the Form FD–258 for the
processing of firearms background
checks through corporate check,
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
certified check, cashier’s check, money
order, or electronic payment, made
payable to ‘‘U.S. NRC.’’ (For guidance
on making electronic payments, contact
the Facility and Security Branch,
Division of Facilities and Security, at
301–492–3531). Combined payment for
multiple applications is acceptable. The
application fee is the sum of the user fee
charged by the FBI for each firearms
background check or other fingerprint
record submitted by the NRC on behalf
of a licensee, and an administrative
processing fee assessed by the NRC. The
NRC processing fee covers
administrative costs associated with
NRC handling of licensee Form FD–258
submissions. The NRC publishes the
amount of the firearms background
check application fee on the NRC’s
public Web site. (To find the current fee
amount, go to the Electronic Submittals
page at https://www.nrc.gov/site-help/esubmittals.html and see the link for the
Criminal History Program under
Electronic Submission Systems.) The
NRC will forward to the submitting
licensee all data received from the FBI
as a result of the licensee’s
application(s) for firearms background
checks, to include the FBI fingerprint
record.
f. Right to correct and complete
information. Before making any final
adverse determination, the licensee
shall make available to the individual
the contents of records obtained from
the FBI for the purpose of assuring
correct and complete information.
Confirmation of receipt by the
individual of this notification must be
maintained by the licensee for a period
of 5 years from the date of the
notification. If after reviewing the
record, an individual believes that it is
incorrect or incomplete in any respect
and wishes changes, corrections, or
updating (of the alleged deficiency), or
to explain any matter in the record, the
individual may initiate challenge
procedures. These procedures include
direct application by the individual
challenging the record to the agency
(i.e., law enforcement agency) that
contributed the questioned information
or direct challenge as to the accuracy or
completeness of any entry on the
criminal history record to the Assistant
Director, Federal Bureau of Investigation
Identification Division, Washington, DC
20537–9700 as set forth in 28 CFR
16.30, ‘‘Purpose and Scope,’’ through
16.34, ‘‘Procedure to Obtain Change,
Correction or Updating of Identification
Records.’’ In the latter case, the FBI then
forwards the challenge to the agency
that submitted the data requesting that
agency to verify or correct the
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17:03 Jun 13, 2013
Jkt 229001
challenged entry. Upon receipt of an
official communication directly from
the agency that contributed the original
information, the FBI Identification
Division makes any changes necessary
in accordance with the information
supplied by that agency. Licensees must
provide at least 10 days for an
individual to initiate action to challenge
the results of an FBI criminal history
records check after the record being
made available for his/her review. The
licensee may make a final adverse
determination based upon the criminal
history record, if applicable, only upon
receipt of the FBI’s confirmation or
correction of the record.
3. The licensee shall retain a copy of
all information submitted and received
for firearms background checks for a
minimum of 5 years after the
information is superseded through
periodic reinvestigation or the
termination of an individual’s access to
firearms.
4. By 180 days after the effective date
of EA–13–092, the licensee shall remove
from any current armed duties, any
individual who has not completed a
satisfactory firearms background check.
Additionally, no later than 180 days
after the effective date of EA–13–092,
licensees at the designated facilities
listed in Attachment 1 shall not assign
any individual to any armed duties
unless the individual has completed a
satisfactory firearms background check.
A satisfactory firearms background
check means a ‘‘proceed’’ response has
been received by the licensee, from the
FBI, through the NRC.
5. During the 180-day transition
period after the effective date of EA–13–
092, individuals who receive a
‘‘delayed’’ response from the FBI to
their firearms background check may
continue to have access to standard
weapons as defined in the ‘‘Guidelines
on the Use of Firearms by Security
Personnel in Protecting U.S. NRCRegulated Facilities, Radioactive
Material, and Other Property’’ (74 FR
46800) dated September 11, 2009
(‘‘Firearms Guidelines’’) as part of their
official duties not to exceed midnight of
the 180th day.
6. Consistent with the NRC-approved
security plans, the licensee shall remove
from armed duties, without delay, any
individual who has received a ‘‘denied’’
response from the FBI.
7. Licensees may return an individual
to armed duties if the individual
receives a ‘‘proceed’’ response from the
FBI, subsequent to receiving a
‘‘delayed’’ or ‘‘denied’’ response.
8. The licensee shall provide
instructions to all personnel subject to
a firearms background check for
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
appealing ‘‘delayed’’ or ‘‘denied’’
responses. An individual security
officer is responsible for appealing a
‘‘denied’’ response or resolving a
‘‘delayed’’ response directly with the
FBI.
9. The licensee shall revise its site
training and qualification program, as
needed, to provide each individual with
instructions on identifying events or
status that would disqualify the
individual from possession or use of
firearms and the continuing
responsibility of each individual to
promptly notify the licensee of the
occurrence of any such event or status.
10. Individuals who require access to
firearms shall notify the licensee’s
security management within 3 working
days of the occurrence or existence of
any disqualifying event or status.
Disqualifying events or status are
discussed in 27 CFR 478.32, ‘‘Prohibited
Shipment, Transportation, Possession,
or Receipt of Firearms and Ammunition
by Certain Persons,’’ the Gun Control
Act of 1968 (18 U.S.C. 922(g) and (n)),
and any applicable State laws.
11. The licensee shall remove from
armed duties, without delay, any
individual for whom disqualifying
information has become known or
where a satisfactory firearms
background check re-investigation has
not been completed. When the
individual is on duty at the time
disqualifying information is received,
the term ‘‘without delay’’ means that the
licensee shall, beginning at the time of
notification, remove the individual from
armed duties and reconstitute the
minimum staffing level within the
timeframe specified for reconstitution of
the minimum staffing levels described
in the NRC-approved security plans and
applicable 10 CFR Part 73, ‘‘Physical
Protection of Plants and Materials,’’
requirements, or sooner if practicable.
12. The licensee shall subject all
individuals who require access to
firearms as part of their official duties to
a periodic firearms background check
re-investigation at least once every 5
years, following the initial or most
recent satisfactory firearms background
check. Licensees may conduct periodic
firearms background checks at a period
shorter than 5 years, at their discretion.
Re-investigations shall be satisfactorily
‘‘completed’’ within the same calendar
month as the initial or most recent
firearms background check, with an
allowance to midnight of the last day of
the month of expiration. The licensee
may continue the individual’s access to
firearms pending completion of the reinvestigation, not to exceed midnight of
the last day of the month of expiration.
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
13. The licensee shall complete a
‘‘new’’ firearms background check or
reinvestigation for individuals who
have:
a. Had a break in employment of
greater than 7 consecutive calendar days
(1 week) with the licensee or the
licensee’s security contractor.
Temporary active duty in the military
Reserves or National Guard is not
considered to be a break in employment
for the purpose of this Order and the
required firearms background check.
b. Transferred to the employment of
the licensee or the licensee’s security
contractor. A satisfactorily completed
firearms background check performed
by a previous employer or completed for
employment within a State other than
the State in which the individual will be
performing armed duties, is not
transferable.
14. The licensee shall notify the NRC
Headquarters Operations Center by
telephone within 72 hours after
removing an individual from armed
duties as a result of the discovery of any
disqualifying status or event. Applicable
telephone numbers are specified in
Appendix A, ‘‘U.S. Nuclear Regulatory
Commission Offices and Classified
Mailing Addresses,’’ to 10 CFR Part 73.
Notification timeliness shall commence
from time of discovery by the licensee
or the time of reporting by the
individual security officer. The licensee
is not required to notify the NRC if the
individual security officer has disclosed
the disqualifying event or status to the
licensee as specified in Appendix B.4,
‘‘Weapons Qualification and
Requalification Program,’’ to 10 CFR
Part 73.
[FR Doc. 2013–14075 Filed 6–13–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–391; NRC–2008–0369]
Tennessee Valley Authority; Watts Bar
Nuclear Plant, Unit 2
Nuclear Regulatory
Commission.
ACTION: Final environmental statement;
issuance.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. Nuclear Regulatory
Commission (NRC) has published the
final version of Supplement 2 to
NUREG–0498, ‘‘Final Environmental
Statement, Related to the Operation of
Watts Bar Nuclear Plant (WBN), Unit 2’’
(SFES).
ADDRESSES: Please refer to Docket ID
NRC–2008–0369 when contacting the
VerDate Mar<15>2010
17:03 Jun 13, 2013
Jkt 229001
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0369. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for
Supplement 2 to NUREG–0498 is
ML13144A202. The ADAMS accession
number for each document referenced
in this notice (if that document is
available in ADAMS) is provided the
first time that a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Elaine N. Keegan, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
8517; email: Elaine.Keegan@nrc.gov.
SUPPLEMENTARY INFORMATION: The
Tennessee Valley Authority (TVA or the
applicant) submitted its Final
Supplemental Environmental Impact
Statement for the Completion and
Operation of WBN Unit 2 (June 2007),
(FSEIS) by letter dated February 15,
2008 (ADAMS Accession No.
ML080510469), pursuant to Part 51 of
Title 10 of the Code of the Federal
Regulations (10 CFR).
On June 30, 1976, TVA submitted an
application for an operating license for
WBN Unit 2, pursuant to 10 CFR Part
50. An updated operating license
application was submitted on March 4,
2009. The proposed action in response
to the updated application is the
issuance of an operating license that
would authorize TVA to possess, use,
and operate a second light-water nuclear
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
35989
reactor (the facility), WBN Unit 2,
located on the applicant’s site in Rhea
County, Tennessee. The WBN Unit 2
would operate at a steady-state power
level of 3411 megawatts thermal.
A notice of receipt and availability of
the updated application, which
included the FSEIS, was published in
the Federal Register on May 1, 2009 (74
FR 20350). A notice of intent to prepare
a supplement to the final environmental
statement, which was prepared and
published in 1978 and to conduct the
scoping process was published in the
Federal Register on September 11, 2009
(74 FR 46799). On October 6, 2009, the
NRC held two scoping meetings in
Sweetwater, Tennessee, to obtain public
input on the scope of the environmental
review. The NRC also solicited
comments from Federal, State, Tribal,
regional, and local agencies.
The draft SFES was published in
October 2011 (ADAMS Accession No.
ML112980199). The U.S. Environmental
Protection Agency Notice of Filing in
the Federal Register (76 FR 70130)
indicated a 75-day comment period,
commencing on November 10, 2011, to
allow members of the public to
comment on the results of the NRC
staff’s review. This was amended in the
Federal Register on November 18, 2011,
to a 45-day comment period (76 FR
71560). On December 8, 2011, two
public meetings were held in
Sweetwater, Tennessee. At the
meetings, the NRC staff described the
results of the NRC environmental
review, answered questions related to
the review, and provided members of
the public with information to assist
them in formulating their comments.
Based on comments received at the
public meetings, the comment period
was extended by the NRC to January 24,
2012 (76 FR 80409). When the comment
period ended on January 24, 2012, the
NRC staff considered and addressed all
the comments received.
As discussed in the Section 9.6 of the
supplement, the NRC staff’s
recommendation to the Commission
related to the environmental aspects of
the proposed action is that
environmental impacts are not great
enough to deny the option of issuing the
operating license for Watts Bar Nuclear
Plant, Unit 2. This recommendation is
based on (1) the application, including
the February 15, 2008, final
Environmental Impact Statement
submitted by TVA as the Environmental
Report, and responses to staff requests
for additional information submitted by
TVA; (2) the NRC staff’s review
conducted for the 1978 Final
Environmental Statement to support the
Operating License (FES–OL); (3)
E:\FR\FM\14JNN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35984-35989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14075]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0127]
Interim Eligible Class of NRC-Licensed Facilities; Docket Nos.
(as Shown in Attachment 1), License Nos. (as Shown in Attachment 1),
EA-13-092; Order Designating an Interim Class of NRC-Licensed
Facilities That Are Eligible To Apply to the Commission for
Authorization To Use the Authority Granted Under the Provisions of
Section 161a of the Atomic Energy Act of 1954, as Amended
I
In accordance with the Atomic Energy Act (AEA) of 1954, as amended,
the licensees identified in Attachment 1 to this Order hold licenses
issued by the U.S. Nuclear Regulatory Commission (NRC) authorizing the
operation of nuclear power reactor facilities licensed under Part 50 of
Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic
Licensing of Production and Utilization Facilities,'' a Category I
special nuclear material (CAT-I SNM) facility licensed under 10 CFR
Part 70, ``Domestic Licensing of Special Nuclear Material,'' and an
Independent Spent Fuel Storage Installation (ISFSI) licensed under 10
CFR Part 72, ``Licensing Requirements for the Independent Storage of
Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related
Greater Than Class C Waste,'' whose physical security program is
conducted as a support activity of the co-located power reactor
facility respectively.
Specific physical protection program requirements for nuclear power
reactors are contained in 10 CFR 73.55, ``Requirements for Physical
Protection of Licensed Activities in Nuclear Power Reactors Against
Radiological Sabotage.'' Specific physical protection program
requirements for CAT-I SNM facilities are contained in 10 CFR 73.45,
``Performance Capabilities for Fixed Site Physical Protection
Systems,'' and 10 CFR 73.46, ``Fixed Site Physical Protection Systems,
Subsystems, Components, and Procedures.'' Specific physical protection
program requirements for ISFSIs are contained in 10 CFR 73.51,
``Requirements for the Physical Protection of Stored Spent Nuclear Fuel
and High-Level Radioactive Waste,'' and 10 CFR 73.55.
II
Section 161A, ``Use of Firearms by Security Personnel,'' of the AEA
(42 United States Code (U.S.C.) 2201a) confers upon the Commission the
authority to permit the security personnel at designated NRC-licensed
facilities to possess and use firearms, ammunition, and other devices,
such as large-capacity ammunition feeding devices, notwithstanding
local, State, and certain Federal firearms laws that may prohibit such
possession and use.
The provisions of Section 161A took effect on September 11, 2009,
with publication in the Federal Register (FR) of the guidelines
approved by the NRC and the U.S. Attorney General entitled,
``Guidelines on the Use of Firearms by Security Personnel in Protecting
U.S. NRC Regulated Facilities, Radioactive Material, and Other
Property'' (74 FR 46800; September 11, 2009) (referred to as ``Firearms
Guidelines'').
The NRC is issuing EA-13-092 to implement the authority granted to
the Commission under Section 161A before the completion and issuance of
a final rule implementing this authority. The Commission is taking this
interim action
[[Page 35985]]
in response to several requests from NRC licensees for Commission
authorization to use Section 161A preemption authority.
Specifically, this Order accomplishes the following:
1. Designates an interim class of NRC-licensed facilities, as
listed in Attachment 1, that are eligible to apply to the Commission
for authorization to use
Section 161A preemption authority;
2. Provides a process for submitting an application to the
Commission for authorization to use Section 161A preemption authority,
in accordance with Attachment 2; and,
3. Requires that the licensees listed in Attachment 1 of this Order
subject all personnel who require access to firearms in the performance
of their official duties to a firearms background check in accordance
with Section 161A.c as described in Attachment 3.
Nothing in this Order relieves a licensee from compliance with
applicable U.S. Department of Alcohol, Tobacco, Firearms, and
Explosives requirements, or any other Federal, State, and local
firearms laws and regulations. This Order does not provide or grant any
authority or permission to transfer, receive, possess, transport,
import, or use ``enhanced weapons'' as this term is defined in Section
8 of the Firearms Guidelines. The Commission's authority under Section
161A does not include any permission to transfer, receive, possess,
transport, import, or use destructive devices as defined under 27
U.S.C. Chapter 53, ``The National Firearms Act,'' including explosive
devices such as grenades or weapons with a bore diameter greater than
12.7 mm (0.5 inches or 50 caliber).
As authorized under Section 161A, and as described in Section 2 of
the Firearms Guidelines, the Commission is issuing this Order to
designate the licensees listed in Attachment 1 as an interim class of
NRC-licensed facilities that may voluntarily apply to the Commission
for authorization to use Section 161A preemption authority in advance
of the Commission's issuance of a final rule on this subject.
A licensee's application for permission to use Section 161A
preemption authority is voluntary and, therefore, the designated
facilities listed in Attachment 1 are not required to submit an
application in response to this Order. However, the designated
facilities are required to conduct firearms background checks in
accordance with Attachment 3 to this Order. If a licensee at a
designated facility chooses to take advantage of the provisions of
Section 161A, an application must be submitted to the NRC, in
accordance with Attachment 2. In addition, applications and other
documents produced in response to this Order that contain classified
information, as defined in 10 CFR part 95, ``Facility Security
Clearance and Safeguarding of National Security Information and
Restricted Data,'' or Safeguards Information as defined by 10 CFR
73.22, ``Protection of Safeguards Information: Specific Requirements,''
shall be properly marked and handled, in accordance with applicable
requirements in 10 CFR part 95, 10 CFR 73.21, ``Protection of
Safeguards Information: Performance Requirements,'' and 10 CFR 73.22.
III
As discussed above, the Commission has designated the facilities
listed in Attachment 1 as an interim class of NRC-licensed facilities
that are eligible to apply to the NRC for Commission authorization to
use Section 161A preemption authority. Licensees choosing to apply to
the Commission for Section 161A preemption authority must meet the
following conditions:
1. The NRC-licensed facility must be in the class of facilities
designated by the Commission in Attachment 1 as eligible to apply for
preemption authority.
2. The licensee must employ covered weapons (as defined in the
Firearms Guidelines) as part of their protective strategy.
3. Possession, use, or access to covered weapons must be necessary
in the discharge of official duties by personnel at a facility in the
class of facilities designated by the Commission in Attachment 1 as
eligible to apply for preemption authority.
Licensees of the facilities listed in Attachment 1 that choose to
apply for permission to use Section 161A preemption authority must use
the application process outlined in Attachment 2 and must submit the
application in accordance with the provisions of 10 CFR 50.90,
``Application for Amendment of License, Construction Permit, or Early
Site Permit,'' or 10 CFR 70.34, ``Amendment of Licenses,'' and 10 CFR
72.56, ``Application for Amendment of License,'' as appropriate.
Applications will be subject to a minimum of 60 days for routine
processing. Submittal of an application to the NRC is voluntary and,
therefore, recipients of this Order are not required to apply.
Applications must include, at a minimum, all the information
specified in Attachment 2. All applications will be reviewed on a case-
by-case basis. If an application is approved by the Commission,
authorization to use Section 161A preemption authority will be granted
by the Commission through a confirmatory order that will permit the
security personnel at the affected facility to possess and use firearms
and large-capacity ammunition feeding devices that were not previously
permitted to be owned or possessed under Commission authority,
notwithstanding local, State, and certain Federal firearms laws (and
implementing regulations) that would otherwise prohibit such possession
and use.
Licensees of the facilities listed in Attachment 1 are required to
conduct firearms background checks of all personnel who require access
to any firearm listed in Section 161A.b in the performance of their
official duties, as provided in Attachment 3 to this Order, whether the
licensee applies for preemption authority or not. Such personnel shall
be subject to a firearms background check by the U.S. Attorney General
consisting of a fingerprint-based background check against applicable
Federal Bureau of Investigation (FBI) databases and a name-based
background check against the FBI's National Instant Criminal Background
Check System. Accordingly, all licensees at the designated facilities
listed in Attachment 1 shall submit a completed hard-copy FBI Form FD-
258, ``Fingerprint Card,'' to the NRC as specified in Attachment 3, for
all security personnel who will receive, possess, transport, import, or
use any firearm, weapon, ammunition, or a device listed in Section
161A.b. Each licensee must also remit to the NRC a $70 administrative
processing fee for each FBI Form FD-258 submitted to the NRC for the
conduct of the required firearms background checks. Payment shall be
made to the NRC using the processes described in Attachment 3.
IV
Accordingly, under Sections 53, 103 or 104b (depending on the
license), Sections 161b, 161i, 161o, 161A, and 182 of the AEA of 1954,
as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR
Part 50, 10 CFR Part 70, and 10 CFR Part 72, it is hereby ordered that
all recipients of this Order as listed in Attachment 1 shall:
1. Subject all individuals who are assigned duties that require the
possession, use, or access to firearms and devices listed in Section
161A.b to a firearms background check in accordance with Section 161A.c
``Background Checks,'' and the process specified in Attachment 3.
[[Page 35986]]
2. Begin submitting requests for firearms background checks within
30 days of the effective date of this Order, and complete all firearms
background checks within 180 days of the effective date of this Order.
3. Notify the NRC after a sufficient number of personnel have
successfully completed the requisite firearms background check such
that the licensee's security organization can be staffed as specified
in each licensee's NRC-approved security plans, and the licensee's site
protective strategy and procedures can be effectively implemented,
while meeting applicable fatigue requirements in 10 CFR Part 26,
``Fitness for Duty Programs.'' This notification shall be submitted by
the licensee or duly authorized officer thereof in writing and under
oath and affirmation.
4. Notify the NRC as soon as practicable and in accordance with the
applicable reporting requirements in 10 CFR 73.71, ``Reporting of
Safeguards Events,'' of any situation in which the licensee would not
be able to sufficiently staff the security organization within 180 days
of the effective date of this Order.
5. Remit to the NRC a $70 administrative processing fee for each
firearms background check requested using the processes outlined in
Attachment 3.
Notifications shall be submitted to the Director of the NRC
licensing office responsible for licensing actions at the affected
facility and shall be marked and protected as required for the
sensitivity of the information presented. As applicable, the Director,
Office of Nuclear Reactor Regulation, the Director, Office of Nuclear
Material Safety and Safeguards, or the Director, Office of Federal and
State Materials and Environmental Management Programs may, in writing,
relax or rescind any of the above conditions upon demonstration by the
Licensee of good cause.
This Order is effective 20 days after the date of issuance.
Publicly available documents created or received at the NRC are
available at the NRC's Public Document Room (PDR), located at One White
Flint North, Public File Area, Room 01-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. Publicly available documents created
or received at the NRC are also accessible electronically through the
Agencywide Documents Access and Management System (ADAMS) in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. Persons who do not
have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS should contact the NRC's PDR reference staff
by telephone at 1-800-397-4209 or 301-415-4737, or by email to
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 5th day of June 2013.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
Mark Satorius,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Daniel H. Dorman,
Acting Director, Office of Nuclear Reactor Regulation.
Attachment 1: List of Affected Licensees
Babcock & Wilcox Nuclear Operation Group-Lynchburg, Docket No. 70-027,
License No. SNM-42, Mr. Sandy Baker, President, Babcock & Wilcox,
Nuclear Operations Group-Lynchburg, 2016 Mount Athos Road, Lynchburg,
VA 24504.
Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-317
and 50-318, License Nos. DPR-53 and DPR-69, Calvert Cliffs Independent
Spent Fuel Storage Installation, Docket No. 72-8, Specific License No.
SNM-2505, Mr. George H. Gellrich, Vice President, Calvert Cliffs
Nuclear Power Plant, LLC., Calvert Cliffs Nuclear Power Plant, 1650
Calvert Cliffs Parkway, Lusby, MD 20657-4702.
Diablo Canyon Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-275
and 50-323, License Nos. DPR-80 and DPR-82, Diablo Canyon-Independent
Spent Fuel Storage Installation, Docket No. 72-26, Specific-License No.
SNM-2511, Mr. John T. Conway, Senior Vice President--Energy Supply and
Chief Nuclear Officer, Pacific Gas and Electric Company, Diablo Canyon
Power Plant, 77 Beale Street, Mail Code B32, San Francisco, CA 94105.
Indian Point Nuclear Generating, Unit 1, Docket No. 50-003, License No.
DPR-5, Indian Point Nuclear Generating, Units 2, and 3, Docket Nos. 50-
247, 50-286, and 72-51, License Nos. DPR-26 and DPR-64, Mr. John
Ventosa, Vice President, Operations, Entergy Nuclear Operations, Inc.,
Indian Point Energy Center, 450 Broadway, GSB, P.O. Box 249, Buchanan,
NY 10511-0249.
James A. FitzPatrick Nuclear Power Plant, Docket Nos. 50-333 and 72-12,
License No. DPR-59, Mr. Mike Colomb, Vice President, Operations,
Entergy Nuclear Operations, Inc., James A. FitzPatrick Nuclear Power
Plant, P.O. Box 110, Lycoming, NY 13093.
Nine Mile Point Nuclear Station, Units 1 and 2, Docket Nos. 50-220, 50-
410, and 72-1036, License Nos. DPR-63 and NPF-69, Mr. Ken Langdon, Vice
President Nine Mile Point, Nine Mile Point Nuclear Station, LLC, P.O.
Box 63, Lycoming, NY 13093.
R.E. Ginna Nuclear Power Plant, Docket Nos. 50-244 and 72-67, License
No. DPR-18, Mr. Joseph E. Pacher, Vice President, R.E. Ginna Nuclear
Power Plant, LLC, R.E. Ginna Nuclear Power Plant, 1503 Lake Road,
Ontario, NY 14519.
San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-
361, 50-362, and 72-41, License Nos. NPF-10 and NPF-15, Mr. Peter T.
Dietrich, Senior Vice President and Chief Nuclear Officer, Southern
California Edison Company, San Onofre Nuclear Generating Station, P.O.
Box 128, San Clemente, CA 92674-0128.
Attachment 2: Application Process for Requesting Commission
Authorization to Use Section 161A Preemption Authority
Recipients of EA-13-092 are within the interim class of facilities
designated by the U.S. Nuclear Regulatory Commission (NRC) as eligible
to voluntarily apply for Commission authorization to use preemption
authority under Section 161A of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2201a). Applications must be submitted to the NRC
for review and approval under the provisions of Title 10 of the Code of
Federal Regulations (10 CFR) 50.90, ``Application for Amendment of
License, Construction Permit, or Early Site Permit,'' or 10 CFR 70.34
``Amendment of Licenses,'' and 10 CFR 72.56 ``Application for Amendment
of License'' as appropriate, and will be reviewed and approved
individually on a case-by-case basis.
If an application is approved by the Commission, permission to use
Section 161A preemption authority will be granted under a confirmatory
order and will permit the security personnel of the licensee granted
such permission to possess and use weapons, devices, ammunition, or
other firearms, notwithstanding local, State, and certain Federal
firearms laws that may prohibit such possession and use. Licensees must
receive permission from the NRC through a confirmatory order before
they are authorized to use Section 161A preemption authority.
Licensees that choose to apply for Section 161A preemption
authority must meet the following criteria: (1) The
[[Page 35987]]
licensee must be in the class of facilities designated by the
Commission in Attachment 1; (2) the licensee must employ covered
weapons (as defined in the ``Guidelines on the Use of Firearms by
Security Personnel in Protecting U.S. NRC-Regulated Facilities,
Radioactive Material, and Other Property,'' (74 FR 46800; September 11,
2009) (``Firearms Guidelines'')) as part of its protective strategy;
and (3) access to, or possession of, covered weapons must be necessary
in the discharge of official duties by personnel assigned to the
individual facility falling within the class of facilities designated
by the Commission.
A single application should be submitted to the NRC in the form of
a letter and, at a minimum, must contain the following:
Name of the licensee
facility name
docket number and license number (to include Independent
Spent Fuel Storage Installation docket number, if applicable)
a statement that the licensee is applying for ``Commission
authorization to use Section 161A preemption authority under 42 U.S.C.
2201a''
a statement that the facility is within the interim class
of facilities designated by the Commission as listed in Attachment 1 of
this order
a statement describing the reason for requesting Section
161A preemption authority. This description shall include: (1) The
local, State, or Federal law (or implementing regulation) for which
Section 161A preemption authority is being requested, and (2) a
description of the types and calibers of weapons and ammunition feeding
devices for which Section 161A preemption authority is necessary. This
description must be sufficiently detailed for the NRC staff to conclude
the following:
1. The licensee employs firearms or devices defined as covered
weapons in accordance with the Firearms Guidelines, and are listed in
Section 161A.b;
2. the identified covered weapons are used as part of the site
protective strategy at a Commission-designated facility listed in
Attachment 1;
3. possession, use, or access to the identified covered weapons is
necessary in the discharge of official duties by security personnel who
are engaged in protecting a Commission-designated facility listed in
Attachment 1; and
4. other information provided by the licensee supports the need for
Commission authorization consistent with the criteria in the AEA and
Firearms Guidelines.
Attachment 3: Process for Conducting Firearms Background Checks
As required by Section 161A.c. of the Atomic Energy Act (AEA) of
1954, as amended (42 U.S.C. 2201a), any person who receives, possesses,
transports, imports, or uses a weapon, ammunition, or a device under
Section 161A.b. shall be subject to a background check by the Attorney
General, based on fingerprints and including a background check under
Section 103(b) of the Brady Handgun Violence Prevention Act (Pub. L.
103-159; 18 U.S.C. 922 note) to determine whether the person is
prohibited from possessing or receiving a firearm under Federal or
State law.
All licensees within the designated class of facilities identified
in Attachment 1 shall implement the following requirements and must
notify the U.S. Nuclear Regulatory Commission (NRC) in writing upon the
satisfactory completion of a sufficient number of firearms background
checks to staff the site security organization and continue the
effective implementation of its physical protection program,
specifically, its NRC-approved security plans, site protective
strategy, and implementing procedures while meeting applicable fatigue
requirements in Part 26 of Title 10 of the Code of Federal Regulations
(10 CFR), ``Fitness for Duty Programs.''
1. Within 30 days after the effective date of EA-13-092, the
licensee of each facility listed in Attachment 1 shall begin submitting
for firearms background checks, a hard copy Federal Bureau of
Investigation (FBI) Form FD-258, ``Fingerprint Card,'' for each member
of the security organization whose official duties require, or will
require, the possession, use, or access to any firearm.
2. Procedures for processing Form FD-258 for firearms background
checks.
a. Affected licensees shall submit one completed, legible, standard
fingerprint card (Form FD-258, ORIMDNRCOOOZ) for each member of the
security organization who will receive, possess, transport, import, or
use any firearm, weapon, ammunition, or a device.
b. Affected licensees shall submit each Form FD-258, using an
appropriate method listed in 10 CFR 73.4, to the Director of the NRC's
Division of Facilities and Security, Mail Stop: TWB-05B32M, marked for
the attention of the Division's Criminal History Program. Copies of
these forms may be obtained by writing the Office of Information
Services, U.S. Nuclear Regulatory Commission, Attention: Forms Manager,
Washington, DC 20555-0001; by calling 630-829-9565; or by email to
forms@nrc.gov. The licensee shall establish procedures to ensure that
the quality of the fingerprints taken results in minimizing the
rejection rate of fingerprint cards due to illegible or incomplete
cards.
c. The firearms background check requires both a fingerprint-based
check and a name-based check through the FBI National Instant Criminal
Background Check System (NICS). Because of the nature of this interim
process, a hard copy FD-258 must be completed and submitted to the NRC.
A hard-copy FD-258 is necessary because the format of the electronic
information exchange system does not support the transfer of all
required information for processing through the FBI NICS database.
d. The following information fields specified on the FBI Form FD-
258 shall be completely and accurately filled-in with appropriate
identifying information. Specifically, individuals must complete the
following fields:
I. First name
II. last name
III. place of birth
IV. gender
V. date of birth
VI. height
VII. weight
VIII. race: (choose one of the following codes)
[cir] American Indian or Alaska Native
[cir] Asian
[cir] Black or African-American
[cir] Hispanic or Latino
[cir] Native Hawaiian or other Pacific Islander
[cir] White
IX. residence and employer addresses of person fingerprinted: Complete
mailing addresses of current residence and duty station are required.
(NICS check includes query of State records for disqualifying
information in both State of residence and State of duty station.)
[cir] street number (Post Office box numbers cannot be accepted)
[cir] street name
[cir] city
[cir] State (required)
[cir] ZIP Code
X. citizenship
XI. reason fingerprinted ``Firearms Background Check (42 U.S.C.
2201a)''
XII. social security number
XIII. ORI Number: MDNRCNICZ
e. Fees for the processing of firearms background checks are due
upon application. Licensees shall submit payment with the Form FD-258
for the processing of firearms background checks through corporate
check,
[[Page 35988]]
certified check, cashier's check, money order, or electronic payment,
made payable to ``U.S. NRC.'' (For guidance on making electronic
payments, contact the Facility and Security Branch, Division of
Facilities and Security, at 301-492-3531). Combined payment for
multiple applications is acceptable. The application fee is the sum of
the user fee charged by the FBI for each firearms background check or
other fingerprint record submitted by the NRC on behalf of a licensee,
and an administrative processing fee assessed by the NRC. The NRC
processing fee covers administrative costs associated with NRC handling
of licensee Form FD-258 submissions. The NRC publishes the amount of
the firearms background check application fee on the NRC's public Web
site. (To find the current fee amount, go to the Electronic Submittals
page at https://www.nrc.gov/site-help/e-submittals.html and see the link
for the Criminal History Program under Electronic Submission Systems.)
The NRC will forward to the submitting licensee all data received from
the FBI as a result of the licensee's application(s) for firearms
background checks, to include the FBI fingerprint record.
f. Right to correct and complete information. Before making any
final adverse determination, the licensee shall make available to the
individual the contents of records obtained from the FBI for the
purpose of assuring correct and complete information. Confirmation of
receipt by the individual of this notification must be maintained by
the licensee for a period of 5 years from the date of the notification.
If after reviewing the record, an individual believes that it is
incorrect or incomplete in any respect and wishes changes, corrections,
or updating (of the alleged deficiency), or to explain any matter in
the record, the individual may initiate challenge procedures. These
procedures include direct application by the individual challenging the
record to the agency (i.e., law enforcement agency) that contributed
the questioned information or direct challenge as to the accuracy or
completeness of any entry on the criminal history record to the
Assistant Director, Federal Bureau of Investigation Identification
Division, Washington, DC 20537-9700 as set forth in 28 CFR 16.30,
``Purpose and Scope,'' through 16.34, ``Procedure to Obtain Change,
Correction or Updating of Identification Records.'' In the latter case,
the FBI then forwards the challenge to the agency that submitted the
data requesting that agency to verify or correct the challenged entry.
Upon receipt of an official communication directly from the agency that
contributed the original information, the FBI Identification Division
makes any changes necessary in accordance with the information supplied
by that agency. Licensees must provide at least 10 days for an
individual to initiate action to challenge the results of an FBI
criminal history records check after the record being made available
for his/her review. The licensee may make a final adverse determination
based upon the criminal history record, if applicable, only upon
receipt of the FBI's confirmation or correction of the record.
3. The licensee shall retain a copy of all information submitted
and received for firearms background checks for a minimum of 5 years
after the information is superseded through periodic reinvestigation or
the termination of an individual's access to firearms.
4. By 180 days after the effective date of EA-13-092, the licensee
shall remove from any current armed duties, any individual who has not
completed a satisfactory firearms background check. Additionally, no
later than 180 days after the effective date of EA-13-092, licensees at
the designated facilities listed in Attachment 1 shall not assign any
individual to any armed duties unless the individual has completed a
satisfactory firearms background check. A satisfactory firearms
background check means a ``proceed'' response has been received by the
licensee, from the FBI, through the NRC.
5. During the 180-day transition period after the effective date of
EA-13-092, individuals who receive a ``delayed'' response from the FBI
to their firearms background check may continue to have access to
standard weapons as defined in the ``Guidelines on the Use of Firearms
by Security Personnel in Protecting U.S. NRC-Regulated Facilities,
Radioactive Material, and Other Property'' (74 FR 46800) dated
September 11, 2009 (``Firearms Guidelines'') as part of their official
duties not to exceed midnight of the 180th day.
6. Consistent with the NRC-approved security plans, the licensee
shall remove from armed duties, without delay, any individual who has
received a ``denied'' response from the FBI.
7. Licensees may return an individual to armed duties if the
individual receives a ``proceed'' response from the FBI, subsequent to
receiving a ``delayed'' or ``denied'' response.
8. The licensee shall provide instructions to all personnel subject
to a firearms background check for appealing ``delayed'' or ``denied''
responses. An individual security officer is responsible for appealing
a ``denied'' response or resolving a ``delayed'' response directly with
the FBI.
9. The licensee shall revise its site training and qualification
program, as needed, to provide each individual with instructions on
identifying events or status that would disqualify the individual from
possession or use of firearms and the continuing responsibility of each
individual to promptly notify the licensee of the occurrence of any
such event or status.
10. Individuals who require access to firearms shall notify the
licensee's security management within 3 working days of the occurrence
or existence of any disqualifying event or status. Disqualifying events
or status are discussed in 27 CFR 478.32, ``Prohibited Shipment,
Transportation, Possession, or Receipt of Firearms and Ammunition by
Certain Persons,'' the Gun Control Act of 1968 (18 U.S.C. 922(g) and
(n)), and any applicable State laws.
11. The licensee shall remove from armed duties, without delay, any
individual for whom disqualifying information has become known or where
a satisfactory firearms background check re-investigation has not been
completed. When the individual is on duty at the time disqualifying
information is received, the term ``without delay'' means that the
licensee shall, beginning at the time of notification, remove the
individual from armed duties and reconstitute the minimum staffing
level within the timeframe specified for reconstitution of the minimum
staffing levels described in the NRC-approved security plans and
applicable 10 CFR Part 73, ``Physical Protection of Plants and
Materials,'' requirements, or sooner if practicable.
12. The licensee shall subject all individuals who require access
to firearms as part of their official duties to a periodic firearms
background check re-investigation at least once every 5 years,
following the initial or most recent satisfactory firearms background
check. Licensees may conduct periodic firearms background checks at a
period shorter than 5 years, at their discretion. Re-investigations
shall be satisfactorily ``completed'' within the same calendar month as
the initial or most recent firearms background check, with an allowance
to midnight of the last day of the month of expiration. The licensee
may continue the individual's access to firearms pending completion of
the re-investigation, not to exceed midnight of the last day of the
month of expiration.
[[Page 35989]]
13. The licensee shall complete a ``new'' firearms background check
or reinvestigation for individuals who have:
a. Had a break in employment of greater than 7 consecutive calendar
days (1 week) with the licensee or the licensee's security contractor.
Temporary active duty in the military Reserves or National Guard is not
considered to be a break in employment for the purpose of this Order
and the required firearms background check.
b. Transferred to the employment of the licensee or the licensee's
security contractor. A satisfactorily completed firearms background
check performed by a previous employer or completed for employment
within a State other than the State in which the individual will be
performing armed duties, is not transferable.
14. The licensee shall notify the NRC Headquarters Operations
Center by telephone within 72 hours after removing an individual from
armed duties as a result of the discovery of any disqualifying status
or event. Applicable telephone numbers are specified in Appendix A,
``U.S. Nuclear Regulatory Commission Offices and Classified Mailing
Addresses,'' to 10 CFR Part 73. Notification timeliness shall commence
from time of discovery by the licensee or the time of reporting by the
individual security officer. The licensee is not required to notify the
NRC if the individual security officer has disclosed the disqualifying
event or status to the licensee as specified in Appendix B.4, ``Weapons
Qualification and Requalification Program,'' to 10 CFR Part 73.
[FR Doc. 2013-14075 Filed 6-13-13; 8:45 am]
BILLING CODE 7590-01-P
